44-1325. Used automotive components dealers; records of purchase; age requirement for lead acid battery seller

A. Every used automotive components dealer shall keep on the business premises a book or other similar record legibly printed or written in ink and in English of each transaction involving the receipt of two or more lead acid batteries, except if the batteries are a component of a vehicle being purchased. The record of each receipt of lead acid batteries shall include the following information:

1. The date, time and place of the transaction.

2. A photograph and an identifying description of the specific lead acid batteries received.

3. The dollar amount of the transaction.

4. The seller's name, physical description, including gender, height, weight, race and eye and hair color, physical address, date of birth and signature and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military. The used automotive components dealer must validate the recorded information by using the seller's current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.

5. The seller's transaction privilege tax number, if applicable.

6. The number and state of issuance of the license on the vehicle used to deliver the lead acid battery.

7. A photograph, video record or digital record of the seller involved in the transaction.

8. A right index fingerprint of the seller.

B. The record and entries shall be retained in a book or similar record at the business premises for one year after making the final entry of any transaction and shall be retained either at the business premises or any other reasonably available location for an additional year. A used automotive components dealer shall not purchase lead acid batteries for which a record is required to be kept by this section in a series of purchases involving less than two batteries to avoid the requirements of this section. A used automotive components dealer's business premises, business records relating to lead acid battery transactions, including a book or similar record prescribed by this section, and business inventory shall be open during regular business hours for reasonable inspection by a peace officer. Before an inspection occurs a peace officer shall identify who the peace officer is and the purpose for the inspection to the used automotive components dealer, the used automotive components dealer's manager or another responsible person and comply with all reasonable and customary safety requirements of that used automotive components dealer for the business premises inspected. The used automotive components dealer may require the peace officer to sign an inspection log that includes the officer's name and serial or badge number and the time, the date and the purpose for the inspection.

C. A used automotive components dealer shall not provide payment for any lead acid batteries on site at the time of the lead acid battery transaction. Payment shall be made by mailing a check or money order to a physical address provided by the seller through a current driver license or other identification prescribed in subsection A, paragraph 4 of this section. The check or money order shall be made payable to the business name for an industrial account. This subsection:

1. Except as provided in paragraph 2 of this subsection, applies to all lead acid battery transactions of three hundred dollars or more.

2. Does not apply to industrial accounts if the industrial accounts annually preregister employees who are authorized sellers on behalf of the industrial accounts.

D. A used automotive components dealer shall provide a receipt to the seller on site at the time of the lead acid battery transaction, for every transaction, and shall include the following information:

1. The date, time and place of the transaction.

2. An identifying description of the specific lead acid battery received.

3. The dollar amount of the transaction.

E. A used automotive components dealer may not conduct a series of transactions for lead acid batteries to avoid the requirements of this section.

F. An individual who is a lead acid battery seller shall not participate in more than one cash transaction per day for lead acid batteries.

G. An individual who is a lead acid battery seller shall be at least sixteen years of age.